This article is written by Deva Nanda A, Government Law College,Trivandrum.
When a Click Turns into a Case: The Legal Side of Photography in India
In the modern age of digitization, when a single picture can reach thousands in seconds, photographing something is not always an innocent and creative act — it can be a serious crime. From high-fashion campaigns and public gatherings to street photography and protests,
photographers are always treading a realm filled with opportunity and danger. However, in India, amidst the ubiquity of smartphones and cameras, photographic rights and obligations awareness is amazingly low.
This article illuminates the increasing demand for specialized photography laws in India, the existing legal framework, and the practical problems photographers, their subjects, and the general public encounter.
Why India Needs a Separate Photography Law
Now, virtually everyone is a photographer — with camera-enabled phones and social media sites. But few people realize that taking or posting a photo without legitimate consent may
violate a person’s privacy, damage reputations, or even get the photographer into legal hot water.
Here’s why it is becoming more and more important to have a specific legal code for photography in India:
Use of images without permission, especially of women and children Commercial utilization of photos without contracts or permissions Posting images on the web without crediting or permission
Surge in deepfakes and AI-manipulated content abusing personal images Uncertainty regarding street, candid, and public space photography
Currently, Indian laws related to photography are fragmented in various legislations, causing chaos and inconsistency. A separate law would not only protect personal rights but also bring clarity and confidence to professionals working in the field of photography.
Existing Laws Governing Photography in India
India does not yet have a distinct “Photography Act,” but there are a few laws which concern photography-related matters:
- The Copyright Act, 1957
Consider photographs as works of art.
The photographer retains the copyright unless otherwise indicated in a written agreement. The copyright remains in effect for 60 years from the date of publication.
Provides legal remedies when a person uses or copies a photo without consent.
- The Indian Contract Act, 1872
Regulates contracts involving model releases, event shoots, and collaborations.
Specifies who owns the photographs, how they can be used, and the monetary terms.
If a photographer misuses or fails to deliver the promised work, it’s a breach of contract.
- Information Technology Act, 2000
Section 66E: Penalizes taking or distributing images that violate someone’s privacy.
Section 67: Targets sharing of obscene content online.
Plays a crucial role in addressing digital image abuse, including AI-generated fake photos.
- Bharatiya Nyaya Sanhita (BNS), 2023
Section 77 (Voyeurism): Replaces IPC 354C; criminalizes taking pictures of women in private areas without permission, particularly with the motive of sexual satisfaction.
Other sections of BNS can be applied in defamation, obscenity, or emotional distress cases caused by misuse of images.
- Article 21 of the Constitution – Right to Privacy
Possession or sharing another person’s photograph without permission — especially in the privacy of one’s home or in private locations — can amount to a gross breach of their inherent right to privacy.
- Juvenile Justice (Care and Protection of Children) Act, 2015
Capturing or publication of photographs of children, especially in sensitive contexts such as in shelters or in schools, without valid consent may attract legal proceedings.
Candid & Street Photography: A Legal Tightrope
Street Photography
Photographing someone in a public setting is not always against the law. Trouble begins when the photos are published or shared without the subject’s consent — particularly if the photo can cause embarrassment, misinterpretation, or harm.
Public vs. Private: Since it is public doesn’t mean people in it lose their privacy rights.
Identifiability: If the subject can be identified easily, publishing the photo on the internet or selling it for commercial purposes without their knowledge may raise legal issues.
Taking unauthorized photos of women, children, or marginalized groups is especially hazardous.
Candid Photography
Capturing candid pictures at weddings or parties might be acceptable for individual use.
Placing them online, however, without warning the subjects — particularly if it will impact their reputation — may get one into trouble with the law.
For commercial purposes, written permission is strictly required.
Bottom line: Always request, even informally, prior to publishing candid or street photos.
Deepfakes: A New Threat in Modern Times
Artificial intelligence brought new legal intricacies. Deepfakes — doctored images or videos that employ authentic faces or voices — are today extensively abused for generating fake news, pornography, or false adverts.
Celebrities, women, and public personalities are particularly vulnerable.
The victims can be defamed, humiliated in public, or hurt personally — without even showing up in the original image.
Some protection is provided by the IT Act and BNS, but India does not have a particular law that deals with deepfakes.
As technology advances, so should our laws to prevent image-based deception and AI-created impersonation.
Case Study: Anil Kapoor’s Landmark Win in 2024
Bollywood star Anil Kapoor recently hit the headlines when he had sued several companies and individuals for using his name, image, voice, and well-known catchphrases such as “Jhakaas!” without a license.
Sued in the Delhi High Court, his case involved unknown parties (John Does) as defendants. The court granted an interim injunction restraining unauthorized use of his identity.
It also suspended domain names that were fraudulently registered with his name.
This decision points to the increasing acceptance of personality rights — an individual’s right to control the use of their image and voice — particularly crucial in the era of deepfakes.
Political Misuse: The Modi Ad Incident
In 2017, there was controversy when the Prime Minister’s image was utilized in some advertisements. The PMO was unable to verify who had authorized the use of the image, and this raised issues regarding the use of political identities for commercial or private purposes without permission.
While not illegal in itself, it highlighted the absence of regulation over the representation of public figures in the media.
What a Comprehensive Photography Law Should Include
In order to safeguard creators and the public, India acutely requires an integrated Photography Law that:
Legally establishes photographers’ rights and obligations.
Requires explicit consent for taking or publishing recognizable images. Protects children, women, and marginalized sections.
Controls candid and street photography.
Fights AI threats like deepfakes and facial recognition abuse. Empowers personality rights and enforces them.
Grants swift redressal against online image abuse or impersonation.
Conclusion: Respect the Click, Protect the Subject
Photography is not just about art — it’s a powerful tool that can capture history, emotion, and culture. But with this power comes the responsibility to respect boundaries and legal rights.
Until India has a clear and complete law on photography, photographers have to depend on ethics, informed consent, and knowledge of current legal provisions. In case you’re ever in doubt
— ask before you click, and certainly before you post.
Because in today’s hyper-connected world, a single photograph can become either a timeless memory — or a legal nightmare.
